THE ROLE OF LAW AND THE RULE OF LAW IN THE DIGITAL AGE

Abstract

The article highlights the changing role of law in the digital age, as well as the threats to such fundamental components as the rule of law, human rights and democracy. It is noted that some technologies and the consequences of their use can outstandingly transform and even replace the legal rules, which primarily affects justice. The article reveals the implications of the digital age that can undermine trust in law and public institutions, namely changes in the structure of communications, dispute resolution, the transition of trust from institutional to “metaphysical”. The threats to the rule of law arising from the acquisition of normative and governance roles by digital platforms, as well as from the subtle or direct undermining of human rights, the mismatch of high rates of technological development and social processes to the slow reaction of democratic institutions regarding some dangers. The article questions the argument that technology can cope with the consequences of using technological tools. Attention is drawn to the dilemma we face when we risk losing democracy and the rule of law in favor of an effective response to new challenges, or do not have time to respond effectively, and therefore do not cope with a significant increase in threats. The article emphasizes that in the digital age there may be an unprecedented crisis of the fundamentals of society and coexistence, and it will be necessary to find the right balance between old and new, so that innovation grows and the rule of law does not narrow. Finally, attacks are described that affect the very essence of law, including mistrust and growing frustration that law and its mechanisms seem incapable of responding adequately to the challenges of the digital age, as well as algorithmization and its profound impact on legal relations and understanding of law.